Posts on the topic of "Ethics"

The good news is that terrorist mass murderer Anders Breivik has been pronounced guilty of the brutal bomb and gun rampage that left 77 people dead last year – mostly kids at summer camp.

The bad news is that Breivik has been sentenced to a grand total of 21 years in prison. His incarceration will be in a three-room cell with a TV, exercise room and Ikea-style furniture.

This is shocking.

Although the sentence can later be extended (21 years is the maximum sentence allowed by Norwegian law, except for war crimes and genocide), given the beastly, premeditated, cold-blooded nature of the crime, justice has clearly not been served.

So what were the folks in Norway thinking over there? Before we Tweet our outrage and move on to the next piece of news, perhaps we should look a bit deeper and try to understand what might be behind this Norwegian system.

I believe the reason for our adverse reaction is because the American penal system is based on "punishment": Commit a crime, and you will suffer. But in Norway and other "progressive" countries, the purpose of incarceration is geared more toward rehabilitation – treating the psychological dysfunction which spurred the crime.

The pleasant-sounding experience of being in Norwegian prison isn't some sign of Scandinavian weakness or naïveté; it's precisely the point. A comfortable cell, clean and relaxing environment, and nice daily activities such as cooking classes are all meant to prepare the criminal for potentially difficult or painful internal reformation. Incarceration, in this thinking, is the treatment for whatever social or psychological disease led them to transgress. The criminals are not primarily wrongdoers to be punished, but broken people to be fixed...

Here's the tough thing about restorative justice: it works, as long as you don't consider retribution to be its own inherent good. Despite the lighter sentences, restorative justice systems seem to reduce crime, reduce the cost of imprisoning criminals, and reduce recidivism... Proponents, such as University of Oslo professor Thomas Mathiesen, say it's better for society overall because it isn't about "revenge, but sober, dignified treatment."

In this instance, Breivik is an unrepentant murderer, and although the system maintains hope that he will come to his senses and reform, if he doesn’t, the sentence will be extended and he will likely remain behind bars for a lifetime.

Although one case cannot be compared to another, it is interesting to note that this rehabilitation approach – as opposed to the punishment system that Americans are used to – is discussed in the Torah.

The Torah prescribes that when one commits an act of theft and cannot repay, he must become a servant to the one he victimized. Though at first glance this might sound oppressive, it is anything but. The Torah (Leviticus 25:43) declares: "Do not oppress him" – a directive to treat the thief with utmost dignity and respect. Specifically, the thief cannot be given any demeaning jobs, and the master must provide high-quality food and accommodations – to the extent that if only one portion of food or one pillow is available, it goes to the servant.

Hence the basis of the Jewish "rehabilitation" model: By placing the criminal into a family atmosphere, he is exposed to a healthy environment of caring and sharing. For a thief, who displayed a stunning lack of respect for others and their property, this is a powerful mode of rehabilitation.

Of course, details of the Jewish method differ widely from what is practiced in Norway today (the Torah example refers to theft, not mass murder), and there is no question we should be justifiably outraged at Breivik's light sentence and comfortable conditions.

So before you press the comment and express outrage that Aish.com is condoning the Norwegian decision… No – we are not condoning it. We condemn the heinous crime, and we are outraged at the Norwegian system that is giving a mass murderer comfortable treatment. We are simply saying that we can learn something from all this. Let's appreciate that in the criminal justice system, there can be room for a lofty belief in the power of a human being to reform and rehabilitate.

Visitor Comments: 46

(30)
Anonymous,
August 30, 2012 7:04 PM

sentence

The problem with the Norway judicial system is that it does not in any way teach that there are dire consequences for ones actions. It is not that I believe in an eye for an eye. It is that this society has become so violent in murdering and terrorizing people. Why does this happen so frequently in the world? Because no one suffers dire consequences for murder or terrorism. Kids grow up getting away with things that they do not learn what happens when you do these things. They also play these horrendous violent games and yes when you play and you kill you do not understand what you are doing. The next day, you start all over again with the same players. Children become immuned and grow up and kill without remorse. That needs to be taught.

(29)
Steve Skeete,
August 29, 2012 3:32 AM

Rehabilitation, we all win?

Originally, there was the idea that to give someone a sentence of life imprisonment was more humane than giving them the death penalty. Later it was realized just how "cruel and unusual" life imprisonment was as well, Now, there is hardly a sentence of "life behind bars anywhere" in the "civlized" world since many cannot stomach the thought of executing murderers, nor fathom the idea of someone becoming old, feeble and senile and still living in a prison cell. So since both execution and life behind bars without parole were considered equally cruel "twenty-one years to life" became the new "rehabilitation" model. And what difference does it make if someone kills one person or seventy-seven? That person still needs to be rehabilitated and/or given the opportunity, in time, to rejoin polite society. Since very few people really want to die, and murderers do not mind living in "comfortable" cells, and since many no longer want to identify with "state sponsored" executions, "twenty-one years to life" is viewed as a win-win scenario.

(28)
Rivka Deutsch,
August 28, 2012 12:25 PM

You're way off base on this one!

First of all- you are comparing apples and oranges here. As you say - the Torah is referring to theft, not murder. So why bring it up when it is actually not relevant to this situation? Second - you assume you understand the Torah's reason for creating an "eved ivri" (jewish slave), but consider this. Only a thief who is too poor to pay the penalty becomes a slave. So what are you saying? That the Torah only wants to rehabilitate poor people? Rich people can continue to be delinquent so long as they can pay the penalty if caught? Obviously there is more to it than meets the eye..... I respect the fact that you have an opinion on this issue, but you can't bring in the Torah to back you up on this one, certainly not with the eved ivri argument.

(27)
Emes,
August 28, 2012 11:26 AM

justice for whom?

21 years in a one star hotel isn't puniishment! 77 families must feel they have relinqushed the last remaining gift to their loved ones in the name of 'justice.' Then again, 21 years isn't much against a life-time of hate from the entire country of Norway against Jews and Israel!
Article 21 is right in its comments, my sentiments exactly and, Europe's hatred of Jews and Israel is again baying for our extinction, its in their blood, Norway is no exception in their condemnation of Israel and its products etc. as Germany says 'no' to circumcision for starters but, in this case with Norway's recent tragedies, doesn't it cross one's mind that justice does prevail from a higher court? which, I'm afraid argues the case of the above article!

Martin,
August 28, 2012 5:22 PM

What on earth..

I am sorry, first he has not been sent to prison for 21 years He has been served a holding order for 21 years as this is the maximum under Norwegian law. There after he can and will be subject to five year extentions as advised by the court already, ergo he will not be a fre man again. If a life sentence meaning life behind bars is not good enough for you I am sorry for you.
As to the rest of your rant I am sorry but I make no connection between the rant and this man's conviction what so ever... pehaps a clarification for your side? Or are you saying that this man's conviction is somehow coupled to your perception of anti-Semitic feelings in Europe in general and Norway in particular? If so may I recomend a good therapist.

emes,
August 30, 2012 12:07 AM

Message to Mr Anti-Rant

Mr Martin alias anti-rant, first get your spelling sorted, second I cannot comprehend what you are even trying to put across, yes, I feel - no it is fact that Norway is anti-semitic, anti-Israel, but no matter how long their killer wallows in his own thwarted power, he is still a killer, thankfully off the streets and for that Mr Martin, his conviction is still no recompence for any families affected - and also, Mr Martin my concern for these families is the difference between a Jew with neshuma and a non-Jew from the majority of countries in this world, who do not give a toss when a tragedy happens in Israel, or to Jews anywhere. As for a therapist Mr Martin, I recommend you continue your treatment as your need is obviously greater than mine!

(26)
Glenn,
August 28, 2012 6:50 AM

THE WORLD IS GOING MAD!

This decision is the result of having too many "Good Doers" claiming it is barbaric to have the death penalty!.It is bad and evil enough when somebody deliberately and willfully murders one, but when it is 77, that is more heinous than we can imagine!
This man will be looked after in good conditions, while the poor and hungry go without!. This world is becoming more and insane the further we move into the 21st Century!

Martin,
August 28, 2012 10:28 AM

Go hungry?

I am sorry to inform Glenn that whilst Brievik will indeed
have a comfortable, albeit insulated life there are no Norwegians (or other Scandinavians) that go hungry. You really should look up your information before making such ludicrous claims. We are not talking abot the US here.
There are those that tell us to stay out of the crime system of the US and all the state sponsered killings carried out in the name of the people. At this pont we Scandinavians ask the same of you as so far I have only met one person that believes this man should be executed, and he was an English immigrant.
A society can be judged by how they treat the worst members of their population.

Anonymous,
August 28, 2012 7:57 PM

I am proud to be telling you that I will be the second person to tell you that this man deserves death...
(stoned preferably)

Theo,
August 29, 2012 1:28 AM

Sickening decision ....

I agree with Glenn, "THE WORLD IS GOING MAD!" and God help us!

(25)
Jacky,
August 27, 2012 11:44 PM

Progressive Judaism

It always amazes me when the Torah is criticized as being "antiquated" and "regressive." But here we see a Torah concept in line with the current "progressive" agenda. So what will those critics say now?

(24)
JP,
August 27, 2012 8:48 PM

I haven't read the full article, just scanned, but nothing really caught my attention....I don't know what the people are going on about the sentence being too short and this and that...According to Torah, it's real simple, as are all of God's commandments...Guilty of murder (by two or more witnesses) = death....simple. But the democratic system is almost the opposite of Torah. As we can see by the sentence given...

Rivka Deutsch,
August 28, 2012 12:29 PM

just one more thing

In order to be given the death sentence, he would have to have had two people warn him not to do it beforehand, in addition to the witnesses. Otherwise he actually goes free (he may get locked up for the good of society, but halacha has no guidelines for that) and he is left for God to punish.

JP,
August 28, 2012 7:51 PM

Uhhh, come again?

You know....halacha is halalcha, and Torah is Torah...don't make halacha (written by men) the Torah (written by Hashem)...I don't fully agree with everything halacha says, though some of the stuff really can clarify a few things up, the bottom line is, if it CHANGES Torah, I don't want to hear it, and this is one of those things, but thats just my opinion...read Bemidbar and you will see clearly...the only exception to the death penalty on murder (other than less than two witnesses) that I can recall, is when it was unintentional (there would be a city of refuge where the killer could flee to). If I know to murder is lawlesness/sin, why do I still need somebody to warn me that Im about to sin? It's a bit far-fetched for me, it's like the murderer saying "Kwl, as long as know one warns me I'll go shoot all those people I didn't like in school, even though there are witnesses ill still be free, whaalala, now, wheres my magazine?...." Doesn't make sense to me!! Anyway, thanks for that, I didn't know it was part of halacha....

Rivka Deutsch,
August 30, 2012 9:30 AM

This is where belief that God runs the world comes in

We have to understand that ultimately it is God that dispenses justice.

JP,
August 31, 2012 6:28 PM

Totally agreed. Shalom.

(23)
E.D.Bingham,
August 27, 2012 8:32 PM

Obviously their Viking blood has become thin!

For minor crimes, as stated in the Tora, I can rationalize, however, major crimes i.e., murder, grand theft and treason should have a very harsh punishment to the individual who commits the crime but also a deturant to others.

(22)
Anonymous,
August 27, 2012 8:08 PM

That article is missing the ( antisemite & antiwestern) ideologic & political point . . .

...that the Norwegian politicians and media - esp. the left - used the Breivik massacre and court process for hide a lot: They are drumming against ISRAEL and destructing the fundament oft freedom, - in cunjunction with their culturalist, in consequence anti-civilizatoric and pro-islamic ideology or interestes, inseparable with their antizionist to antisemite ideology.
(Just one day before Breiviks massmurder, the (foreign ?) minister of the so called "workers party" held an ugly antiisraeli speach in front of the later juvenile victims on Utoya island ! Some months before, the far left socialist party demanded to bomb ISRAEL ...)
Anders A. BREIVIK knows this and much more dangerous strategies and lies spread by european elites, - for example the treacherous german-french EURABIA contracts ("euro-arab dialogue") after Jom Kippur war, another was the Kaiser's empire and nazi-germany's incitement of Djihad, dutch & british pro-islamic history revisionism in their central libraries or - not to forget especially by israeli leftists - the soviet KGB incitement of worldconspiracy antisemitism incl. diplomatic & military upgrading of PLO & other MBrotherhood nazi/jihad followers . . ..
Tragically, these threads in conjunction with nature of Qoran-islam & increasing islamic immigration & crimes in conjunction with Breiviks narcissistically disturbed personality, he breed an sectarian, terorist "solution" ...
Unfortunately, the English Wikipedia article is much less concrete than the german about nordic expert
Manfred Gerstenfeld, born in Vienna, grew up in Amsterdam and moved to Israel in 1968. He has a Ph.D. ... Gerstenfeld was a board member of the Israel Corporation and other Israeli companies. He is editor of The Jewish Political Studies Review, ...:
"BEHIND THE HUMANITARIAN MASK: The Nordic Countries, Israel and the Jews. Jerusalem Center for Public Affairs and Friends of Simon Wiesenthal Center for Holocaust Studies, Jerusalem 2008"

(21)
linn Kenterman,
August 27, 2012 7:39 PM

hero

Typical liberal jewish views. To some he was a hero. He defended his beleif on his culture and did not want Muslims taking over his country. What else could he do in a world of political correctness. Muslims do this to Christians and Jews all the time. Where is the outrage on the other side?????

Anonymous,
August 28, 2012 10:35 AM

his beliefs?

"What else could he do in a world of political correctness"
Am I reading this correctly? As he believed he was fighting for a higher cause he was allowed to kill nearly 70 young people because he had no option? I am sorry, you actually seem to support this moron's actions. There are many things our governements do but that by no way gives anyone the right to kill the youth memebers (nor indeed any members) of the party.
He has sucked you in with his hatred.
As to your last sentence, since when did two wrongs make a right....

(20)
Dean,
August 27, 2012 5:11 PM

Are there two Torahs

The Torah I read requires the death penalty for muder. It is specfically required that everyone in the village take part in the stoning so that everyone realizes the seriousness of murder. Killing a murder is not murder, it is justice. The cities of refuge were for those who killed accidently, not for murders. The photo of the weapon he used is evidence that his intent was murder.

(19)
Pauline,
August 27, 2012 5:09 PM

This article is interesting. What I think ought to be a priority is not so much punishment or rehabilitation, but protection of the general law abiding population.

(18)
Martin,
August 27, 2012 3:54 PM

Get real on the facts, David Olesker et al.

Here in Scandinavia we don't allow the state to commit murder in our name, and for some strange reason, even with cases such as this, we can live with it.
Brievik has been sentenced not to prison, he has been handed a 21 year security holing order that is followed by a rolling five year assessment, ergo, he will never, nd let me repeat that NEVER be a free man again. If you read the judgement in Norwegian you will see the judges have written they do not expect Breivik to be counted as dependable and therefore freedom will never be an option. However, the system is not as David Olesker would have it seem, after the 21 years it is a five person panel made up of judges/lawyers that go through any new informatin and appeals, it is not, I repeat, not, some "bureaucrat" as Olesker would have us believe, please David, look into the system before making such statements
My son lived 900 metres from the bomb and knew a girl that died on Utøya and has a close connection therefore with the events, on hearing the sentnece passed on Breivik he calmly said "He will never walk free again, justice is done". My 23 year old son in the middle of things and felt the bomb blast can accept this judgement, but others out here are calling for state sponsered killing.... My son shows himself to be more humane I think.

(17)
Bernie Mandell,
August 27, 2012 3:35 PM

Your thesis is morally sound, BUT how do you relate it to Israel's and Jewry's protection against terrorism? Could Islamists be rehabilitated? Should terrorists be recirculated back into society? Wake up and smell the fire!

(16)
Laurence cohn,
August 27, 2012 2:34 PM

He3 should have been chargesd wioth geneciode

This serial killer should have been sentenced to death for genecide -- This is no justice, this is a vacation. Why should anyone work or if you lose your job just commit a crime and enjoy all of the comforts that you cannot afford!

(15)
jerry solomon,
August 27, 2012 12:48 PM

System without merit

Where is Justice, Justice, Justice?? It is outrageously wrong for a misanthrope to be provided with luxurious living, during the period of Teshuvah! Yes, freedom is restricted, but the physical benefits of this lifestyle are totally inappropriate. A life sentence in solitary confinement or the death penalty would be best. Note: when the verdict was issued, the murderer applauded, with no expression of sorrow for his dastardly actions.

(14)
Maria Raquel de Almeida,
August 27, 2012 9:41 AM

The Norwegians have the right approach

Breivick did commit a terrible crime for which he is unrepentant however,
by refusing the call of insanity, the Norwegians are facing a barrage of criticism to their amazing the legal system which is a humane one rather than the awful punitive system in the USA
where people are locked up for 900 years and/or sentenced to death -but let us not go into that.
The Torah teaches that even if someone has committed a crime, banishment is to be imposed, well only after the person is found guilty. So, the individual is banished from his homeland, his community and family, goes off and starts a new life - the Norwegian model: a home style prison and as for Ikea furnishings, there is nothing glamorous about it, this is how they decorate their homes, and the banishment is the equivalent of being locked up, being deprived of freedom of movement.
Before you guys shout condemnation at the system of restaurative justice, look again at the American system of extreme punishment and compare the two systems - one separates the crime from the criminal and believes that the criminal can be rehabilitated even if it takes more athan 21 years, whereas, with systems which believe that the criminal and the crime he has committed are one and the same, then American and British prisons will be forever a factory of criminals.

(13)
David Olesker,
August 27, 2012 9:35 AM

An unpopular point to consider

The problem with Breivik's sentence is not just that it's too short, it's also that he will not be released when it's finished. Think about it; a court (with all the safeguards of a developed judicial system) hears evidence and counter evidence and takes the drastic step of depriving a man of his liberty for two decades. Then some bureaucrat can, by administrative fiat, keep him locked up indefinitely. What was the point of the trial in the first place? Just lock him up forever by administrative decree.
The Norwegian system is based on reformation, not punishment. Fair enough, that's their philosophy and there are points to recommend it. But it has it's limitations such as rare crimes like this. Instead of having the courage to give the courts the powers to deal with such situations, the judicial system abdicates responsibility to the administrative system which is inherently less transparent or accountable.
Am I the only one who finds this sinister?

(12)
class revurson,
August 27, 2012 8:38 AM

our law is human. norway is not a religious wild-west-province of the usa.

the artikel is just arrogant and false. brevik will stay in prison for 21 year and past it he will stay in security-arrest. he will never be free. this is the hardest punishment, the norwegian law knows. we in scandinavia dont have a religious law - it is oriantated on the people. compared with the states, we, the society dont kill people for their crimes. therefor LIFE even of murder and terrorist is the HIGHEST VALUE.

Anonymous,
August 27, 2012 1:15 PM

Norwegians are progressive extremists

The problem with your extreme "progressive" position is that is makes life look cheap. The price tag you place on 70 lives is: 21 years in a Hotel room with 3 meals and all facilities !!! On top of all this the question your justice system NEVER answers is: what about the dead? what about the victims? you seem to be concerned ONLY about the criminal who is alive. You protect the life of the criminal at all costs. Your "justice" system does not care about the victims. They are just dead meat right?

(11)
allen,
August 27, 2012 8:32 AM

murderer Anders Breivik

NORWAY the wealthiest Country in the World indeed creating so much Income per head per capita enabling them to pay off their National Debt yonks ago and by all accounts treat their murderers and perhaps even would be murderers to a life style befitting a hero amongst his followers. How sad for those bereaving families.

(10)
John a Leishman,
August 26, 2012 9:25 PM

Who is the madest

It should have been made clear to Breivik that he would NEVER be released from prison, any other system is mad in itself. 77 people dead, most of them in their youth? And this mass murderer could be out in 21 years, Dont anyone try to justify this as a sane sentence.

(9)
Ellen,
August 26, 2012 6:20 PM

A swedish view

I think this was an interesting topic since I am from Sweden and the Swedish justice system and culture is very similar to the Norwigan. I think the verdict was good since it makes it clear where the guilt lies. Everyone here knows that conflicts and reactions are a part of a bigger process, but Breivks motives can be seen from a logical perspective. If there would have been a death sentece and the Norweigan government would have used it then they would not have been better than Breivik himself. To value life higher then punishment I think is honerable. The question lies insted in how can a society be organised in a way that puts respect, acceptence and community higher and help familes with problems raise their children in a way that doesn't produce massmurderers. I that will be the question for the future and the lession to be learnt from this.

Anonymous,
August 27, 2012 7:20 AM

Extreme kindless is injustice

My question is: Are you really honoring life above anything else???? in Norway and Sweden you make human life look very cheap. The Bible clearly teaches capital punishment and that the price of one life is one life, if you kill the price to pay is your own life. In Norway the price 70 lives is only 21 years of jail in a comforrtable hotel style appartment with TV and computer. The price to pay for taking a life (or 70 lives) in Norway is very cheap.

class svergudsons,
August 27, 2012 8:46 AM

u dont get the point

in europe we splited between state and religion. he is not "paying" - the punishment is to safe the country . it is hard to understand, when the only rule wich is valid for you is the - "you kill anybody, we kill you" or "eye for eye, toe for toe"-nonsense.

Maria Raquel de Almeida,
August 27, 2012 9:46 AM

which bible is that?

The Torah does not advocate a life for a life, c'mon, read it again. Banishment or exile with the right to return after the death of the high priest. Which Bible do you read, this is so misleading

Tina Garcia,
August 28, 2012 3:12 PM

Well, what bible are you reading yourself? The exile of the murderer is only when he killed unintentionally.

(8)
Anonymous,
August 26, 2012 6:03 PM

Breivik verdict

I agree with every opinion already expressed. However one line stands out in my mind, as to the value of a diagnosis of sanity: according to which there is some accountability for the crime committed. Also the fact that he spent some 9 years meticulously preparing his crime indicates that he had enough concentration to do it, and could not have done it had he been insane or psychotic.

(7)
Manuel,
August 26, 2012 6:01 PM

I do not agree al all

At least, Justice was served quickly, many countries have to work hard to reach Norwegian standards. In other countries Justice goes too slow placing a heavy burden in the victims familes. i e Argentina and the AMIA bombing (no one is yet on jail, no one is yet condemned). Event ocurred almost 18 years ago back in 1994.

(6)
Lorral Weaver,
August 26, 2012 5:55 PM

Crime and Punishment

What ever happened to the type of punishment that the first century non repentant criminals had to endure? When they were sent to an Island to break rocks for life, or they were stoned to death. I believe in mercy, but let's get real. Life has become too easy for criminals.

(5)
Clara,
August 26, 2012 4:17 PM

Breivik

I was completely outraged when I heard the sentence he had received and I'm a *bit* calmed down after reading your blog. But how does the Norway system know for certain when a criminal is rehabilitated and can be freed? A really savvy criminal might be able to con those who make the determination. Breivik's very comfortable situation made me recall what has been known to happen in the US and certainly elsewhere. During the cold winter months a homeless man would often commit some minor crime so he could be jailed. Now instead of being out on the streets, huddled under cardboard in a doorway, he had a warm bed and 3 meals a day!!

(4)
Benjamin,
August 26, 2012 4:14 PM

The four types of crimes

The Torah states that there are four areas in which someone can commit capital offenses. 1) Murder. 2) Incest. 3) Idol worship. 4) adultary. These cases are then reviewed by the Sanhedrin starting with 23 judges. The court is obligated to find the person innocent and if found guilty another judge is added. If the person is found guilty through out numerous trials until a total of 72 judges has reviewed the case. If the final verdict is guilty then the person is excecuted still given three chances to produce more witnesses in their favor. The situation of killing another human being is considered huge sin. The murderer has taken away a life that the Almighty has placed on the earth for a specific reason. The victim is also a relative, friend, coworker and the list goes on. The Norway murderer may his name never be spoken again befall a fate equal to his crimes. The sentence of a comfortable setting for the next 21 years is not ok. May this murderer not have a place in the next world and have his soul banished.

(3)
pherring,
August 26, 2012 3:44 PM

Breivik................

Breivik sane? One would have to question the sanity of the Norwegian Legal System that has come to this decision.
His arguments for commiting these heinous crimes would no doubt appeal to increasingly large numbers of Europeans who resent the influx of ethnic,cultural and religious minorities into their countries - democratically conducted arguments are one thing, premedicated acts of excessive violence as an excuse for such arguments are totally outside the accepted bounds of human behaviour. Surely, even the most radical of those opposed to multiculturalism, would wonder how self confessed mass murderer could be qualified as being sane.
One would hope the families of those who had members murdered will be in agreement with the Courts decision - it is certainly a verdict that many people of diverse backrounds will find very difficult to understand

Rachel,
August 26, 2012 8:57 PM

"Sanity" used as a legal term

I know very little about Norwegian law, but I'm familiar with Euro Court of Human Rights, international human rights law, etc. "Sane" means that he is responsible for his crimes. Were he found insane, he would probably not be found guilty. An anology would be if someone with a physical disease accidentally causes another's death. For example, if someone with no history of a heart condition suddenly has a heart attack, falls and knocks down others, who die from the fall, the perpetrator will not be judged a criminal.
Furthermore, international human rights standards proscribe cruel, inhuman, or degrading treatment or punishment, so the fact that he's going to be held in a clean cell with decent furnishings shows Norway's compliance.
I have no problem whatsoever with the Norwegian verdict, since it can be extended if necessary. Contrast this with the US system, which can impose life without possibility of parole, no matter how much the convict may reform over the years in prison. Compare also with the shooter of Rep. Giffords, who killed several other people. Once in custody and receiving appropriate psychiatric care and medication, he was reportedly horrified and in tears at having killed a little girl. He has been spared a death penalty trial because the families of all involved (survivors and families of the dead) preferred to put him away without themselves having to go through the agony of a lengthy trial, mandatory appeals, etc.

(2)
Anonymous,
August 26, 2012 3:05 PM

In this case a special session of Parliament should have voted on total retribution.

There is no way a cold-blooded mass killer based on ideology can ever be reformed. A special session of the Parliament should have voted on suspension of the normal rules and ximum retribution to be ordered.
Look what the Knesset did, quite rightly, in the case of Eichmann. This brings a merciful closure especially fo the families of the victims. It is comforting to think that the souls of such evil monsters will burn in hell for eternity. They should just have time to be made fully aware of this before they are executed.
In such a case, there is no reasonable doubt of guilt. We are not talking about a possible miscarriage of justice.

(1)
Stacey,
August 26, 2012 11:57 AM

Thanks for the perspective

Another point I found interesting was how the Breivik trial served as a forum for healing the emotional pain of the victims' families. The Atlantic article mentions how each one of the 77 victims was given a direct voice: The court heard 77 autopsy reports, 77 descriptions of how Breivik had killed them, and 77 minute-long biographies "voicing his or her unfulfilled ambitions and dreams."

Last Thursday night, some Jewish teens were hanging out in Jerusalem looking for trouble. Emotions escalated and they viciously beat some Arab boys, leaving one in critical condition.

I, as well as the entire State of Israel, am outraged. Rabbis, educators and politicians across the spectrum have denounced this vile act. A special police committee is investigating, arrests have been made, and those responsible will assuredly be punished to the full extent of the law.

The Jewish people pride ourselves in being different. Violence is not the Jewish way – especially not targeting someone due to their nationality. This troubling incident indicates that we are not doing a sufficient job educating our children in the ways of tolerance.

Prime Minister Benjamin Netanyahu forcefully declared:

"This is something that we cannot accept – not as Jews, not as Israelis. This is not our way; this goes against our way, and we condemn it in word and deed. We will quickly bring to justice those responsible for this reprehensible incident.

"We say as clearly as possible: The State of Israel is a democratic and enlightened state in which when we come across acts such as these, the entire state and all of its leaders come out together against such phenomena, and we will continue to do so. This is what makes us unique in the environment around us and this will continue to make us unique. I hope that one day our environment will change as well. But we will be persistent in our complete opposition to racism and violence."

On the flip side, the fact that all sectors of Israeli society have so strongly condemned this outrageous act shows that even in our errant moments, our moral compass remains acute.

As Ruthie Blum writes in Israel Hayom, a society is not judged by immorality in its midst, but rather by the response of its leaders, educators and the general public to it.

Blum compares the current crime to another lynch that took place in October 2000, when two Israelis took a wrong turn and ended up in Ramallah by accident. A mob of 1,000 Palestinians attacked – choking, stabbing, disemboweling, and setting the Israelis on fire. One of the murderers proudly stood at an open window and displayed his bloody hands to the cheering crowd. In the aftermath of the lynch, the Palestinian Authority made no arrests, and uttered no condemnations. (Indeed, Palestinian police helped facilitate in the lynching, and the Palestinian Authority's primary concern was to prevent video footage of the atrocity from getting into the hands of Western media outlets.)

This is no way justifies or excuses Jewish acts of violence. Yet can we see the difference?

Palestinian society today is rife with rhetoric that vilifies Jews and encourages murderous violence against them. Suicide bombers are elevated to the pinnacle of Palestinian society – lionized with poems and immortalized with dozens of schools, roads and sporting events named in the bombers' honor. In a popular Palestinian children's program, a Mickey Mouse look-alike calls on children to "annihilate the Jews" and "commit martyrdom." Ahlam Tamimi, the woman who helped carry out the gruesome Sbarro Pizzeria bombing in Jerusalem that killed 15 civilians and wounded 130, is treated like a rock star in the Arab world.

These are just a few of the thousands of examples.

To make matters worse, the Western media downplays it all: The New York Times characterized Palestinian calls to genocide as merely an "insult to Jews" ("Hamas's Insults to Jews Complicate Peace Effort," April 1, 2008). And the Christian Science Monitor quoted a Palestinian TV director that encouraging kids to jihad "isn't for teaching hate. It's for teaching children to think in the right way, to socialize them in our culture's way of life." ("Hamas's Approach to Jihad: Start 'em Young," August 20, 2007)

For peace to exist, all parties need to accept the idea of tolerant, peaceful coexistence. A sincere condemnation of violence is a crucial first step.

Visitor Comments: 4

(4)
Anonymous,
August 23, 2012 11:49 AM

Excellent article

I appreciate the excellent comments you made regarding this tragic event. Our Jewish nation can hang its head in shame that some of our children are capable of doing such a thing. It truly saddens me to think of it.

(3)
Sarah,
August 22, 2012 8:23 PM

I agree but...

Dear Rabbi,
This was beyond reprehensible for Jews and it is good that everyone is condemning it but how do we explain all the people who witnessed this tragedy and made absolutely no attempt to stop it?
Sarah

(2)
Anonymous,
August 22, 2012 7:40 PM

possible background material

http://www.inn.co.il/News/News.aspx/242976

(1)
Gavri Hanita Hazaka Abir Selek 2nd,
August 22, 2012 5:17 PM

Be the children of Shalom

Shalom is a way of life GOD gives to us. The love of GOD (As in to love the LORD you GOD with all your being.) is also given back to us. We learn to walk in the Love of GOD daily. Violence begets violence, it put hatred in the hearts and mind of whomever participates in the acts of wrath. Peace however stems from a good mind and a good heart. You will only have peace in your life if you are a child of Shalom. Peace see's through the eyes of love and understanding.

My dear friend Harve Linder in Atlanta has done it again: found a deep Torah message in the headline news. The definitive Penn State investigation report was released just as we were reading the Torah portion of Pinchas, creating an amazing juxtaposition.

Recall the scene: A young graduate student walks in and sees an unspeakable incident taking place. What action does he take? Does he shout at the aggressor to stop it? Does he run out seeking help? Does he call either campus or local law enforcement officials? The answer to all these questions is "no."

Instead, he seeks out his leader, the head coach. But the coach himself doesn't know what to do. So nothing comes of it, and no one involved does the right thing for the victim, for future victims, for the university. The end result is that the abuse continues, people lose their jobs, others will go to prison, the university is harmed, and an extraordinary legacy forfeited.

Let's compare this to events in the Torah. An audacious sex crime has taken place, and a young man, Pinchas, witnesses the incident. He is incensed and knows the appropriate response. Yet before acting, he goes to the leader Moses for guidance. But Moses himself does not know what to do. And here our tales substantially diverge: Pinchas does not wait around for an investigation. He does not allow a conspiracy of silence to blanket the incident. No, he acts swiftly, precisely, and in accordance with the law. He stops the act, sends a clear public message, and ensures there are no future victims.

This is not to suggest that the Penn State graduate student should have become a vigilante, circumventing the courts. But he did lack Pinchas' passion and total commitment to doing the right thing. A bit of righteous indignation would have been well-placed, propelling him to cut through the layers of bureaucracy and malaise.

The Torah instructs us to act whenever danger is present: "Do not stand idly by your brother's blood" (Leviticus 19:16). We cannot wait for political posturing, for committee debates, or approval from public opinion. We cannot allow cover-ups and conspiracies of silence to develop. We must consistently do the right thing. Sometimes the proper action is not obvious. Even Moses occasionally forgot. But we have to learn the parameters, consult with our leaders, and act with confidence and determination. Only then will we fulfill our role of tikkun olam, and ensure there are no future victims.

Visitor Comments: 14

(12)
elizabeth kosmerl,
July 23, 2012 4:26 PM

let us all heed this message in Torah

Let us apply this zealousness to our own who betray our trust and the trust of our children. Let us not turn away because it is easier and by so doing help the victimizer. Let us prosecute to the fullest extent of the law the people who abuse the souls left in their charge.

(11)
Rachel Garber,
July 17, 2012 1:45 AM

Protecting the university, instead of the victim

As a former CPS (child protective services) worker, I followed this story with deep despair and sadness. To say nothing of anger. I can't believe that not only was this permitted to continue as long as it did, but when the story finally came out, and Joe Paterno was "let go" that the student body as well as alumni were incensed, that they wanted trustees removed. I just couldn't believe the comments about the victims, that seemed to be an aftethought. When Joe Paterno died while the investigation was ongoing, people said he died of a broken heart, what bull, what a travesty. Aside from the ongoing priest abuse drama, that was also covered up for decades, this has to be one of the most reprehensible stories of child abuse, that I have heard in a very long time. Sports Ilustrated and similiar magazine rushed to print special "tribute" issue for Paterno, I was so incensed, everytime I was in the magazine section in whichever store I was in, I took another magazine and covered up his picture.

(10)
Anonymous,
July 16, 2012 1:41 PM

Think About It

Having trouble making the analogy of Phineas stand for his G-d and his people and the Penn State situ. Hate that Penn State is forever marked by the act of an individual. Hate more for the precious children who suffered at the hand of that scallywag. One observation about people in my country is that their vision is for themselves and maybe a few others, but never think in terms of how everyone is affected by their actions. If Sandusky thought for a moment about the impact of his actions on the children, the University, our society, our nation, he could not have committed such crimes on innocent people, but he thought of one thing, his selfish lusts. The person walking by and seeing him in the act and simply reports to his upline is as quilty, as is his upline. Why. Because he wanted someone else to take the risks for doing the "right" thing. Paterno, I believe, knew about this problem, as I believe, they all did. We do a good job of living the life, but true character and integrity of heart are not there. Did we need a Phineas at Penn State? No doubt. More though, we need a righteous people who love and fear the one true G-d of Abraham, Issac and Jacob.

(9)
Anonymous,
July 16, 2012 3:51 AM

Yes!!

This is how people should live and it takes a lot of courage. Our society is the way it is because all of us collectively tolerate it. One person can do a lot to make this world a better place. Just one person can change everything.

(8)
Anonymous,
July 16, 2012 2:54 AM

No comparison between Paterno and Moshe

Although I greatly enjoy making connections between the going-ons in the world and the parsha, I think it is inappropriate to compare Moshe to Paterno. Yes Moshe may not have been able to tell Pinchas exactly what to do, but he was "a gadol shebigidolim" greater then great, and comparing him to Paterno who claims that he"did not know what to do", is in my opinion, wrong.

(7)
H.E.Brown,
July 16, 2012 1:39 AM

A SAD LEGACY

BE SURE YOUR SINS WILL FIND YOU OUT.
What gets me is those who say Sandusky is pervert but a nice pervert. Can't have it both ways. Right is right wrong is wrong. Woe to those who say evil is good and good is evil.

(6)
Henry Zvi Vaughn,
July 16, 2012 1:08 AM

Here's the problem at the core of this message:
>>>....he seeks out his leader, the head coach. But the coach himself doesn't know what to do. So nothing comes of it....>>>
The coach knew exactly what to do: Call the police. Investigate the allegation. Seek swift and sure justice.
Rabbi Simmons, don't you think that Paterno knew that this was "the right thing"?
No, the coach knew what to do. He -- and the rest of the school's top officials -- didn't WANT to do it. Football at Penn State is a multi-milion dollar business. Apparently they thought that a few child rapes is a price worth paying as long as the big bucks keep rolling in.
Moses didn't know what to do. Paterno fully knew what to do. This is a fllawed analogy.

Andy,
July 16, 2012 10:31 AM

no plastic saints in Torah

I suspect that Moses also knew what to do but thought letting G-d handle it was the better option. It seems to me it was one of his few mistakes. Maybe not and only Pinchas was meant to take the law in his own hands. Seems a complex one time situation.It's interesting the sages say that if Pinchas had acted after the deed was completed he would have been guilty of murder and that if Zimri would have killed Pinchas in self defense he would have been justified. While true football is a multimillion dollar business at Penn State it's probably slander to say that Joe Paterno believed "a few child rapes is a price worth paying. I think his action was similar to the misguided logic[fear of being an informer] that sometimes prevents some in the Haredi community from turning over known pedophiles to the police.

(5)
Joy,
July 15, 2012 8:28 PM

Good post - good for Pinchas!

I now have a new-found respect for the name, "Pinchas," which, frankly, always amused me - it sounded so, well, Jewish!! Not at all anglicized (Lol)!! But "doing the right thing" - in this case, as in others - often takes more courage than we're required to have on a daily basis of going from one safe haven to another.
Yes, were that grad student who came upon the molestation a bit more like Pinchas, imagine all the grief, crimes and just plain tsoris that could have been avoided! Paterno (as a potential Moses) might not have gone to his grave with so much disrespect attached to the whole enterprise he had so successfully helped establish.

(4)
Sanford,
July 15, 2012 2:33 PM

Ardent supporter of Penn State...

As an ardent, die hard Penn State fan, Joe Paterno admirer, and a Jew I have been seeking some type of lesson from the Penn State University fiasco. I am privileged to have been able to read this blog and see the connection between HaShem, the Torah, and todays world. As always HaShem's words are as relevant today as they day He gave them. I thank,toda, the writer of this blog for this lesson. Shalom to all!

(3)
dovid,
July 15, 2012 2:33 PM

The whole world needs a Pinchas.

The whole world needs a Pinchas. Even the charedi world needs a Pinchas.

(2)
Barry jacobs,
July 15, 2012 2:21 PM

Penn State tragedy

The people who refuse to resign from their official position should be legally forced to do so and criminally charged. Their actions are a reflection upon their character and the reputation of Penn State is tarnished. If their children were abused, how would they respond?

(1)
E L,
July 15, 2012 1:45 PM

"young man"?

Just a little technical detail: The "young man" Pinchas, I believe, was at least 60 years old at the time of this incident--If I'm not mistaken, he was counted among those who left Egypt (which means he was at least 20 when leaving Egypt), and this incident took place after wandering 40 years in the desert.

Yehudah Yingel,
July 15, 2012 9:15 PM

Compared to whom?

EL is right on the money. But everything is relative. Moshe was the leader of the people. He was 120, and had no idea what to do. The only other person (apparently) who could have possibly acted was Pinchas.
Pinchas at 60 was barely more than HALF as old as Moshe. I'd say that allows us to think of him, in this context, as a "young man."
Another point: I just saw an Orthodox rabbi's devar Torah, asking why didn't Moshe or Aharon act instead of Pinchas. If Aharon was still alive at that pointt it might throw some doubt on how old Pinchas was. I mean, maybe it wasn't in the 40th year of the wilderness. i infer that Aharon was dead, contra the rabbi's claim. But I'm not an Orthodox rabbi and I don't know.

The big news in Israel last Thursday was the Madonna concert attended by 40,000 fans in metropolitan Tel Aviv. Because this was the opening gig of her new world tour, media coverage was vast and global.

Welcome to Israel 2012.

Nineteen years ago I authored an op-ed in the Jerusalem Post entitled, "Madonna: Do We Really Wanna-Be?" It coincided with the pop star's first-ever concert in Israel.

At the time, Madonna was pushing the limits of public lewdness: promoting her album "Erotica" and a book entitled simply, "Sex."

My article bemoaned how Madonna's very un-Jewish values were being imported into Israel.

It is a myth that Madonna is the "great liberator." Rather, she has fostered a climate where sexism is the norm, and has thus set the women's movement back 30 years. She has built a career on obscenity, and admits to cultivating a reputation as "a tramp, a harlot... proud of my trashy image."

Jewish communities throughout the ages have always stood against such behavior. The Jewish people are the inventors and leading exporters of core human values such as dignity, modesty and discretion.

Israel in particular is a living workshop where lofty Jewish ideals can become reality. We have built our land so beautifully and have achieved so much. But to chase after the lowly elements of Western society? Is this the expression of "light unto the nations?" Is this the culmination of 2,000 years of struggle and suffering? Is this what IDF soldiers died for? Is this being "free in our land?"

Not so long ago Israeli society still held itself to a higher standard. In the 1960s when British rock legend Cliff Richard performed in Israel, parents protested the negative effects of the raucous atmosphere. No, I’m not a prude. But the point is that Israel – the model of morality for world Jewry, and the model for all humanity – had drawn a line.

Achad HaAm called Israel "the historic center of a roving spiritual idea." When Madonna kicks off her world tour and the world watches so closely, we have to wonder: Is this really what we want them to see?

Visitor Comments: 6

I agree with the commentors that Madonna is praiseworthy for coming to Israel

in face of the strong anti-Israel bigotry in Hollywood. But still, the PR gain for Israel is definitely not worth the tsunami of immorality that accompanies such a woman into our holy land of Israel.

(4)
Moishe Montreal,
June 4, 2012 6:16 PM

YES we want Madonna in Israel

With all the anti-semetic coward artists cancelling their shows in Israel due to fear of death from a-rubs, Madona shows stregnth and (here it comes) a love of Israel. Some of her Kaballah learning, traif as it is, has to have rub off in a positive way. Chazak to Madonna. PS its just a rock show and there are many worse influences in Israel today- like the atheist lefties.

(3)
Lisa,
June 4, 2012 3:51 PM

In defense of Madonna.

I would submit that Madonna has done more to present Israel and Judaism in a positive light- and reverse knee-jerk Israel-hatred and Jew-hatred- than any other one person, or private or public entity in recent times. To refer to her as "the lowest element of Western society" is to engage in ignorant, self-righteous, slander. Madonna's "art"- music, lyrics, choreography, costumes and concert themes have been in evolution for decades. She's a class A humanitarian advocating peace and understanding between all people, love of spirituality, celebration of sexuality, independence of thought and strength of character. As a woman, I don't feel demeaned by her colorful (and accurate) presentation of female sexuality one iota. While Orthodox Jews scoff at her interest in Kabbalah or taking the moniker "Sarah", her interest is sincere, and has created incalculable goodwill towards Jews, Judaism and Israel.

(2)
Rabbi Tzvi Nightingale,
June 4, 2012 3:42 PM

Is the glass half full or...?

My dear colleague, Shraga, I must respectfully disagree with the message of your blog. The simple fact of the matter is that Madonna is one of, if not the biggest names in entertainment today. Her place in the music industry is along the lines of the Beatles, Led Zeppelin and Michael Jackson.
The lack of modesty of her performance notwithstanding, the fact that she has chosen Israel to kick off her world tour in a time when most other artists have pathetically bowed to pressure and boycotted Israel is a breath of fresh air and sends a powerful message to the world that Israel is not the pariah state that the Arabs and Palestinians would like it to be.
And while you may trash her for her trashy image, she is one of the few entertainers that seeks some spirituality in her life through her pursuit of the study of Kabbalah and has backed it up with real actions such as adopting children from less fortunate circumstances.
In a day and age when Israel’s friends are few and far between, rather than knocking her for the obvious why not celebrate the fact that of all the nations large and small, she chose Israel to begin her world tour? Kol Hakavod to her and for that alone I am a fan.
Rabbi Tzvi Nightingale
Aish South Florida

Gerald Lynch,
June 5, 2012 7:49 AM

Madonna???

Israel is indeed in a sorry state that they need a purveyor of trash to garner a little bit of positive publicity. If the authorities had the courage to tell her they in no way approve of her trashing God's values perhaps Israel would have got the publicity for the right reasons. USA exports trash like no other and madoona is a prime example of all that is rotten in the American entertainment industry. Israel is deserving and capable of so much better. And 40,000 trashees paid to listen to her?? What has become of the young, utter lack of respect for the values that Israel holds dear, and many brave ones have died to protect. And a Rabbi commending this insult. Seems he has forgotten his God's command not to worship the gods of the heathen. Following in step with the Iraelites of old, and will suffer the same consequences. Pity..Shalom.

(1)
Lisa,
June 4, 2012 3:18 AM

It's still rock n' roll to me....

I saw Billy Joel many many decades ago in Jerusalem...I was so proud that he would actually play in Israel....very PC for back in the day! So fast forward to 2012 & we have Madonna! Yes, our culture such has changed & even Israel is not immune.

Rabbi Avraham Ginzberg immigrated to the United States prior to World War II. He became involved in fundraising for a yeshiva, and in the course of these activities met a number of wealthy individuals.

One woman was so impressed with Rabbi Ginzberg that she included him in her will ― to the tune of $250,000. For Rabbi Ginzberg, who had a large family to support, that money was a huge financial relief. But Rabbi Ginzberg insisted that since he had met this wealthy woman as a representative of the yeshiva, the money rightfully belongs to the yeshiva, not to him.

When Rabbi Ginzberg's son heard this, he objected, pointing out his father's vast ongoing personal expenses. The son took upon himself to ask the great Rabbi Moshe Feinstein for a ruling.

Rabbi Feinstein said: Since the will named Rabbi Ginzberg specifically ― not the yeshiva ― the money does in fact belong to him.

The son raced home with the good news. When Rabbi Ginzberg heard, he erupted in joy.

"I am a man of modest means and I could never imagine being able to donate a quarter-million dollars to a yeshiva. But now that the money is rightfully mine, I can finally fulfill that dream!"

And with that, he promptly wrote a check to the yeshiva for $250,000.

This story highlights a sensation that only a lucky few enjoy: Working for an organization that likewise represents one's greatest personal aspirations. In this case, Rabbi Ginzberg was getting paid… for doing what he himself was willing to pay for. What a marvelous inspiration.

Visitor Comments: 1

(1)
Anonymous,
May 21, 2012 10:59 PM

Wonderful story

When a very large lottery prize was announced, people asked me what I would have done had I even participated and won all that money.
"First, I would give my shul the money they need to pay off the mortgage, then I would pay off my mortgage. I'd create an endowment that would provide local food banks with GOOD foods, and another to make certain that a religious school I'm fond of would never have to worry about money and... "
With that, my friend interrupted me. Your van is old enough to be a bar mitzvah, you live in a modest house, you need new teeth...what about YOU?
Looking at my friend as though he's lost his mind I reminded him that what "I" needed was insignificant compared to what good the money could do. I'd consider myself after I had done if I had won...which I hadn't, so the entire conversation was moot.
What a shame that eternal values are ignored in favor for temporary "toys" and conveniences. Sure, I'd love to replace the teeth I lost during a series of grand mal seizures. My van is just wonderful the way it is, not a single rattle or squeak; I like it. My home? Perfect the way it is and where it is. But to just imagine the joy of being able to pay off my shul's mortgage?
Pardon my thinking; I think that money should provide joy for others, not just for an individual. After all, we're COMMANDED to love Hashem with all of our hearts, souls and RESOURCES.
Yeah...that's the ticket even if it is imaginary.

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In the seminal film Wall Street, Gordon Gekko declared: "Greed is good. Greed is right. Greed works. Greed… has marked the upward surge of mankind."

This week in a New York Times op-ed, an "anti-greed" crusader by the name of Greg Smith announced his resignation from the financial giant Goldman Sachs. Smith, whose clients had a total asset base of more than a trillion dollars, describes the firm's practice of "persuading your clients to invest in the stocks or other products that we are trying to get rid of because they are not seen as having a lot of potential profit." In other words, Goldman Sachs cares more about making money from its clients than making it for them.

Irrespective of whether the allegations are true or not, I don't know why we should find this surprising. When I hire a lawyer to represent me in a damage lawsuit, I am aware that he is primarily representing his own interests (profit, professional reputation, time constraints) than he is representing mine. In politics, too, the vast majority of elected officials are "looking out for number one," often at the expense of their constituencies.

Back to the financial sector. Capitalism is a wonderful institution. It improves the quality of life by fostering competition and yielding advances in many fields. Without competition we would be at the mercy of monopolists that would stifle progress and incentive for personal reward.

Yet let's be clear: The goal of capitalism is to make money. Period. Of course, many "capitalists" are caring, ethical human beings. But those values are distinct from the pure pursuit of wealth. And in a myriad of cases, the two goals will conflict.

That is why, if left unrestrained, many will choose the route of pure profit. The result, as we have tragically witnessed, is greed, corruption, and an erosion of trust that prevents the building of a fair and harmonious society.

The Jewish ideal ― built-in to Jewish law ― is that commerce must be balanced with genuine care for others. For example, the Torah (Deuteronomy 19:14) forbids a merchant from lowering his prices to the extent that it is not feasible for the competition to remain in business.

The Torah's goal is to create a just and compassionate society. Economic progress? Yes. Cutthroat competition and working against the interest of your own clients? No.

Maybe it's time to launch a Torah study revolution over on Wall Street.

Visitor Comments: 15

(11)
Anonymous,
March 21, 2012 1:28 PM

Attorney Bashing

Contrary to your comments, lawyers are NOT primarily interested in their own interests. When an attorney's fee is tied to a percentage of his/her client's recovery, that does not make the attorney's interest primarily their own. It allows for a client to be represented without having to pay an attorney unless the case yields damages. This is a fee schedule that greatly benefits those who could not otherwise pay an attorney to represent them. It should be noted that this fee arrangement is limited in many states to certain types of cases, and is not allowed usually in family law or criminal matters. Attorneys always have their clients' interests at the forefront, both by law, and by most states' Code of Professional Responsibility. Don't irresponsibly jump on the pop culture bandwagon of lawyer bashing.

Ron Kall,
March 29, 2012 12:01 AM

Lawyer bashing

Saying good things about lawyers is the same as being a Muslim apologist. Both are so obviously wrong. The main use of contingent fee agreements is by people who are looking for a case, but wouldn't if they had to pay up front. Law suit abuse anyone!

(10)
Anonymous,
March 20, 2012 4:14 PM

If you light a candle in a dark, crowded room, who benefits?

Forbidding "a merchant from lowering his prices to the extent that it is not feasible for the competition to remain in business" is not "just and compassionate." This means that consumers, particularly the poor who would benefit most from lower prices, are forced to pay higher prices to keep uncompetitive merchants in business. While we should foster principled individuals whose actions are in concert with their values, the fact is a completely selfish person who lights a candle in a dark and crowded room for herself is still brightening the room for everyone else. This is the essence of free-market capitalism, in which the individual, by realizing their own potential, cannot help but benefit society.

astute reader,
March 21, 2012 2:42 AM

It's not just the Torah that forbids it

Google search "predatory pricing". It is illegal in most civilized countries.

For an Organic Economy,
August 8, 2012 1:07 PM

"Predatory" to whom... the poor consumer who can get more for less?

Devarim 19:14 (or anywhere else in the Torah) does not require a business to gouge its customers in order to prop-up uncompetitive competition. Any country that construes "predatory pricing" to mean proving your customers with the best market price (i.e., the highest value at the least cost) is not civilized, just, or compassionate, and is already or will very soon not be prosperous. Over-charging customers hurts everyone, disproportionately the poorest amongst us.

(9)
Diane Faber,
March 19, 2012 7:05 AM

Your comment about lawyers disturbed me

My legal education introduced me to the law as a noble service profession, one in which the attorney owes an array of duties to his client -- of loyalty, for example, which requires the lawyer to put the client's interests ahead of his own. Another one of those duties is the duty to zealously represent his client -- even if the client can no longer pay him. I personally, and many other lawyers I know, routinely cut their rates, cut their time, and work nights and weekends for their clients (distorting their personal lives) and yes, truly care about the clients and the outcome. Yes, they get paid (something) for this, but I believe you would find many clients of lawyers who would say that their lawyers truly took on their battle and fought it as if it was their own. My husband has asked me many times if it was billable, after I was up until 2 or 3 in the morning following a research lead, only to learn that I probably won't bill the time because it didn't wind up helping the client. I for one feel like my current and former clients are like family -- who else would stand with you through the misery of protracted litigation? I too have been saddened over the course of my career watching the transformation of corporate law into a more purely "business" venture, but the rules of ethics for lawyers have not changed, and a lawyer who advises his client in a fashion which benefitted the lawyer at the expense of the client would be disbarred. The question is whether money managers should be held to any lesser a standard.

Dvirah,
March 20, 2012 3:17 PM

Systems

No system, however good it seems in theory, can be better than the people who implement it. It is good that your law school teaches these ideals. It would help if schools of economics taught similar ideals.

(8)
Anonymous,
March 19, 2012 5:10 AM

Torah study revolution on Wall Street long overdue

The time to launch a Torah study revolution over on Wall Street is long overdue. Remember Bernie Madoff? Michael Milken?

(7)
Alan Acker,
March 18, 2012 5:24 PM

Legal representation

As an attorney who wrestles with such issues, I believe that you meant to state "If I hire a lawyer to represent me in a damage lawsuit, I am aware that he may be primarily representing his own interests (profit, professional reputation, time constraints) than he is representing mine." In this manner you do not preclude every lawyer from balancing commerce with a genuine concern for others.

(6)
Rosen,
March 18, 2012 4:26 PM

judging laziness vs. judging greed

Often times, it seems easier to judge and blame 150 million low-income Americans of being lazy but almost never 400 billionaires for being GREEDY...

(5)
Baruch Ben-Yosef,
March 18, 2012 4:20 PM

Greed is greed

Rabbi Simmons states: "Capitalism is a wonderful institution." Well, not so fast. An earlier rabbi, Ya'akov ben Asher, known as the "Ba'al HaTurim", wrote something called "Choshen Mishpat" in which he codified Jewish law vis-a-vis business. I think that he would be appalled by our version of capitalism, which seems to have devolved into unbridled economic savagery. (Mitt Romney, by his own admission, not caring about the poorest among us, is only one example. My own businessman uncle, who once told me: "Never give a sucker a break" is another.) Perhaps it's time to launch a Torah study revolution on Wall Street. But I'm not holding my breath, because our Sages teach us that those who love money are never satisfied by money. They always want more!

(4)
Canuck,
March 18, 2012 4:12 PM

Goldman Sach's greed & incompetence were actually rewarded.

For all its greed (not to mention a fairly high degree of incompetence & ineptitude), Goldman Sachs was highly rewarded. And by the U.S. gov't,, no less. That's because GS received its share of the nearly 1 trillion dollar bailout given Wall Street. And who was it that paid for that bailout, through their inescapable taxes? The same middle-class, working-class & lower-class folks who have lost (or are at risk of losing) their jobs, homes, & all they have struggled for--due to the terrible economic crisis precipitated by Wall Street's (i.e., Goldman Sachs & colleagues') callous greed & incompetence.

(3)
Lisa,
March 18, 2012 12:36 PM

Greed is a disease.

I have a close relative who is Torah observant who also worked in a very hi profile brokrage house...it was a very coveted job!! After a few years he saw the lies, greed & deceit and also left "that world." I too am in a business that could cross over the "greed line"....many say "it's business"........I say, no it's life. Let's not fool ourselves into thinking we can get something for nothing & no one will notice......Rosh Hashana is right around the corner.

(2)
Anonymous,
March 17, 2012 1:47 PM

Deuteronomy 19:14

Deuteronomy 19:14 reads,
"You shall not pull back your neighbor's landmark, which the earlier ones have set as borders in your inheritance, which you will inherit in the land that the Lord, your God gives you, to possess."
Are you referring to another verse rabbi? Please advise of the correct verse that talks about a merchant lowering his prices.

(1)
Anonymous,
March 16, 2012 1:04 PM

He makes me proud

I would like to point out that Greg Smith is Jewish and deserves credit for following the ideals of Judaism.

In various conversations I have about Judaism, the discussion often gets stuck on one basic point: How do we know we have a soul?

The answer, I believe, is quite intuitive. Imagine a hungry wolf and a piece of meat. The wolf will do whatever he can ― even injure other wolves ― to get that meat. For an animal, there is no concept of altruism, of "Let's stand in line," or "Perhaps that other wolf is more hungry than I," or "Maybe there are handicapped wolves back at the camp." None of that.

Some people argue that we do see animals "doing kindness" ― e.g. taking care of their young. But that is just another survival instinct. Just as animals run from danger, so too survival instincts often manifest in protecting young and in forming social groups. But altruism will never override an animal's survival instincts.

Indeed, a study of chimpanzees showed that while chimps exhibit group cooperation, when it comes to helping those not in their group, they inevitably choose the selfish option. The experiment demonstrated that "chimps don't share the same concern for the welfare of others as do humans, who routinely donate blood... volunteer for military duty, and perform other acts that benefit perfect strangers," said Joan Silk, an anthropologist at UCLA.

A soul, on the other hand, has higher needs ― love, meaning, justice ― that often run contrary to survival instincts. For example: On a pure survival level, if I have a thousand dollars, it's in my best interest to keep it for myself. To go ahead and give that away to a stranger on the other side of the world is actually contrary to my survival instinct, since reducing my resources increases the chance of becoming destitute myself.

So what does all this have to do with a soul? It is the nature of all living beings ― both humans and animals ― to seek pleasure. If we decide to give charity or help a poor person who doesn't have food, even if that means going hungry ourselves, that's a form of pleasure. There are many stories from the Holocaust of people who gave their morsel of bread to somebody else. That's the human being going beyond the "bodily pleasure" of a wolf and connecting to the altruistic giving that characterizes God.

As Rabbi Noah Weinberg zt"l points out in his classic essay, "Five Levels of Pleasure," to maximize our pleasure in life, we need to make wise choices of what pleasures to seek. Pizza on the beach is nice, but it's not the ultimate. Caring for others, or making a difficult decision to do the right thing ― these are high-level pleasures, unique to the human being.

Visitor Comments: 2

(1)
Ilan,
March 12, 2012 2:49 PM

What on Earth does that have to do with a soul?

It's a nice philosophy but hardly proof of a divine soul

Anonymous,
March 14, 2012 5:35 PM

Do you pray?

If you pray, why bother? What do you pray for? WHY do you pray? We are all made in the image of Gd and even if an animal has a soul, is it in the image of Gd? No. Only human beings have a soul that is constantly connected to our creator.
I am disabled. I frequently fall if I am not in my wheelchair. People rush to my aid. Why? Total strangers are instantly turned from what they were doing to help me get up; why should they? Because they have a divine soul.
I have seen other people fall and immediately try to go to their aid.It does not even occur to me that by hastening to help that person, I may fall and hurt myself. That comes only because we are given the ability to imitate our maker.
Even though I am perfectly capable of opening doors for myself, people will rush to open a door for me. I used to say, "Thanks, but I have it." Then it occurred to me that I was stealing the good feeling that people receive from doing a kind deed for someone they don't know. I always give them that pleasure now. How do I know it is a pleasure? Because before I became disabled, that is how I felt when I could help someone else.
It isn't a "nice philosophy" my friend. How we act, even against our own best interests, is what, to me, proves we have souls. And those souls are gifts from our Creator.

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Of the six closest Super Bowls of all-time, the New York Giants have won three of them, and this year was spectacularly close. But the real buzz in the news grinder is M.I.A.’s finger malfunction. The rapper’s impromptu salute during the halftime show has got the Parents Television Council and others up in arms about indecency during family programming.

I'm not a TV watcher, but something tells me that children today are exposed to a lot worse than an errant finger gesture. Of course, this doesn’t mean that watching an episode of Glee will turn a child into a social delinquent. But in Judaism we have a saying: “You are what you see.” Images that enter the mind have a lasting effect – at the least, subconsciously desensitizing us to whatever “indecency” we’re exposed to.

And yes, it can escalate. In the Aish.com article, “The Truth about TV,” Rabbi Lawrence Kelemen cites research that posits a clear correlation between the viewing of “indecencies” like violent crime, drug use, marital discord – and the rate they occur in the real world.

Mussar, the Jewish character-building system, speaks about the idea of Shmirat Einayim – lit: “guarding one’s eyes.” When it comes to inappropriate images, we have the ability to make a choice. Just because something is out there (think of an Islamic beheading video) doesn’t mean we have to watch it.

Making discriminating choices is a value – a skill, actually – that we need to teach our children. And the need for this is growing, with the increasingly constant bombardment of images and information on the Internet, billboards and smart phones. Rabbi Noah Weinberg zt”l offers some practical tools here.

Maybe this Super Bowl incident will draw much-needed attention to what seems to me a genuine educational priority for today.

P.S. Now is a good time to say "hats off" to Rabbi Yaacov Deyo, who invented the concept of SpeedDating in 1998 while teaching at Aish Los Angeles. SpeedDating has garnered dozens of TV and film mentions over the years. On Sunday, before an audience topping 100 million, SpeedDating made its Super Bowl debut in this hilarious commercial for e-Trade.

Visitor Comments: 3

(3)
Michal,
February 9, 2012 10:08 PM

You were right in all you wrote, but the possibility to get into an article of Rabbi Weinberg, was wonderfull

I like on your articles, that they are "up to the point".
I read a lot of other things also (all about spirituality). And normally I have to find, what is important. Here I mustn't look for the most important thing. I get it immediately with every word. -

(2)
salem,
February 9, 2012 6:47 PM

M.I.A.

I have been an M.I.A. fan for many years and her doing somthing like "flipping the bird" is not out of the ordinary : )
If you have never heard her music, you must!
It was not appropriate for the Super Bowl. I think parents should take this time to discuss what that hand gesture means and why it is offensive with their children. Also, in response to the other comment, Madonna was Liz Taylor in "Cleopatra" not an Egyption Goddess : )

(1)
Eric,
February 8, 2012 9:09 PM

What about...

...the blatant idolatry of the halftime show? Egyptian goddess & the whole works...? Didn't Israel even notice? Doesn't Israel care? Or was it just for show? Because if it was, then "whoever's" finger was just part of the stage show... But which was the bigger finger- Madonna's or the other woman's?

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About this Blog

Shraga's Blog presents an eclectic mix of insights on current topics through the lens of Torah Judaism.
The author, Rabbi Shraga Simmons, holds a degree in journalism from the University of Texas at Austin, and
rabbinic ordination from the Chief Rabbi of Jerusalem. He is the senior editor of Aish.com and the director
of JewishPathways.com. He was the founding editor of HonestReporting.com and is the author of a new book,
David & Goliath: The Explosive Inside Story of Media Bias in
the Israeli-Palestinian Conflict (2012).